- Cited — UK P&I Club NV v República Bolivariana De Venezuela 2023-12-20
“…[2017] UKSC 62…”
- Cited — Crane Bank Limited & Ors v DFCU Bank Limited & Ors 2023-07-26
“…t referred to the authorities to which Lords Mance and Sumption referred. The decision of the Supreme Court in Benkharbouche v Embassy of the Republic of Sudan [2017] UKSC 62; [2019] AC 777 is concerned with state immunity, which is a procedural immunity, not the foreign Act of State rule and so is immaterial to the issue I am now c…”
- Cited — Zhongshan Fucheng Investment Co Ltd v The Federal Republic of Nigeria 2023-07-20
“…ermination of whether state immunity arises at all, the Court does have jurisdiction, as Lord Sumption said in Benkharbouche v Embassy of the Republic of Sudan [2017] UKSC 62; [2019] AC 777 at [19]:…”
- Cited — Friends of the Earth Limited, R (on the application of) v The Secretary of State for International Trade/UK Export Finance (UKEF) & Anor 2023-01-13
“…That view was supported, argued Friends of the Earth, by Lord Sumption in Benkharbouche v. Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2019] AC 777 (Benkharbouche), who had said this at [35]:…”
- Cited — Corinna Zu Sayn-Wittgenstein-Sayn v His Majesty Juan Carlos Alfonso Victor María de Borbón y Borbón 2022-12-06
“…plete code, if the case does not fall within one of the express statutory exceptions, the state is immune: see Benkharbouche v Embassy of the Republic of Sudan [2017] UKSC 62, [2019] AC 777 at [39] per Lord Sumption JSC.…”
- Cited — Argentum Exploration Limited v The Silver 2022-10-11
“…s reflect the two forms of state immunity recognised by the common law before the passing of the 1978 Act; see Benkharbouche v Embassy of The Republic of Sudan [2017] UKSC 62, [2019] AC 777 at [8] per Lord Sumption.…”
- Applied — London Steam-Ship Owners' Mutual Ins Assoc Ltd v Kingdom of Spain 2021-11-04
“…nd applied in the way for which it contends in accordance with the principles explained by the Supreme Court in Benkharbouche v Embassy of The Republic of Sudan[2017] UKSC 62, [2019] AC 777.…”
- Explained — The Freedom And Justice Party & Ors, R (On the Application Of) v The Secretary of State for Foreign and Commonwealth Affairs & Anor (Rev 2) 2018-07-19
“…ith whom Lady Hale, Lord Wilson, Lord Neuberger and Lord Clarke agreed, explained in Benkharbouche v Secretary of State for the Foreign and Commonwealth Office [2017] UKSC 62, [2017] 3 WLR 957, the practice said to represent a rule of customary international law need not be universal but there must be a widespread, representative an…”